Vicarious Liability Monday‚ January 12‚ 2015 10:00 PM Vicarious Liability is where one person is held liable for the torts of another. This is usually where an employer is liable for the torts of employee. For the employer to be liable: i) A tort‚ (such as negligence‚ battery or even in breach of statutory duty (Majrowski v Guys and St Thomas’s NHS Trust 2007)) ii) committed by his employee‚ iii) during the course of employment. • Original defendant (employee) must be liable in tort first Prepared
Premium Tort law Strict liability Negligence
second defendant would be Dale’s supervisor. The supervisor recorded a pass on an exam that dale did not take. The exam Dale failed to write was based on the video that Dale did not watch. The third defendant would be Wal-Mart; Wal-Mart assumes liability because they could be at fault for not properly training staff. Bob would want to take action on Wal-Mart because they have the “deepest pockets” and would most likely be the only defendant with enough money to pay out compensation. Wal-Mart would
Premium Tort Law Tort law
Subject: Negligence Liability of Accountants ______________________________________________________________________ Facts By law‚ accountants may be responsible for customers that hire them in various legal theories‚ including contract‚ fraud and negligence. Accountant malpractice happened when he or she violates the duty of reasonable care‚ knowledge‚ skills and judgment that he or she is due to a client or to the laws to provide auditing and other services. South Asset Management Co hired
Premium Certified Public Accountant Accountant Enron
undertakes to advise he must exercise reasonable care and skill in giving the advice. He is under no obligation to advise‚ but if he takes upon himself to do so‚ he will incur liability if he does so negligently.” ’ House of Lords in Banbury v. Bank of Montreal[1] I. Introduction The issue of legal liability of banks in the provision of negligent advice is one doctrine of law that has evolved through the years. In light of current controversies hounding the UK banking sector‚ it
Premium Contract Tort Fiduciary
One of the most important duties of police officers is to prevent crime from happening. In the light of this objective‚ part of the regular duties of police officers is to go on patrol to improve police visibility. As they patrol the community‚ police officers have the responsibility to stop motor vehicles in case the driver commits a violation of motor vehicle law or in case the driver or his companions engage in suspicious activities. Ordinarily‚ motor vehicle stops are supposed to last a few
Premium Police Crime Criminal justice
Legal Liability 0f Parents Parents should and should not be held legally responsible for their children ’s actions. Parents who are incompetent and parents who are in the system themselves should be held responsible for their children ’s actions. Parents who are handicapped and parents who are competent should not be held responsible for their children ’s actions. Parents that do not rear their children should be held responsible. There are parents who do not care what the child does as
Premium Disability Developmental disability Mother
Roles of Limited Liability Corporations and Partnerships Martin M. Komertz FIN 419 3/21/2011 John Wetherington Roles of Limited Liability Corporations and Partnerships In the following paper‚ I will look to identify the roles and differences between Limited Liability Corporations and Partnerships. Each has different advantages and disadvantages than the other. I will look to break down each and then identify which method of ownership would be the preferred method from an individual
Premium Corporation Types of companies Types of business entity
Table of Contents Introduction Accountants’ Liability to the Client and Third-Party A) Breach of Contract B) Ordinary Negligence (Accountant Malpractice) C) Fraud a. Constructive Fraud (Gross Negligence) b. Actual Fraud Accountants’ Liability under Common Law for Third-Party A) The Near-Privity Doctrine B) The Restatement Doctrine C) The Foreseeability Doctrine D) The Balancing-Factors Doctrine Accountants’ Liability under Statutory Law Third-Party A) Securities Act of 1933 B) Securities
Premium Supreme Court of the United States Enron Accounting scandals
Comparing the Contrasting Written two centuries apart‚ “Young Goodman Brown” by Nathaniel Hawthorne and “Where Are You Going; Where Have You Been” by Joyce Carol Oates are two seemingly different stories. However‚ if looked at closely‚ several elements can be tied together. Each story has a similar point of view‚ but the story is told from two different perspectives. Several themes are unique to the stories‚ but deep within similarities can be found. The authors conclude their stories in two different
Premium Young Goodman Brown Nathaniel Hawthorne Joyce Carol Oates
Distinguish between a liability and a environmental liability. Is there any difference in the principle? A liability is a present obligation of the enterprise arising from the past events‚ the settlement of which is expected to result in an outflow from the enterprise of resources embodying economic benefits whereas An environmental liability is an obligation to pay future expenditures to remedy environmental damage that has occurred because of past events or transactions‚ or to compensate a
Premium Hazardous waste United States Environmental Protection Agency Law